March 15, 2022
Lengthier Notice Periods and Greater Challenges for Employers Bringing Non-Competition Cases Lengthier Notice Periods and Greater Challenges for Employers Bringing Non-Competition Cases Our office has been […]
March 22, 2020
Canadian Workplace Issues in times of Covid-19 As we face increasingly restrictive measures across Canada, employers and employees have many questions about rights and obligations in […]
May 16, 2019
For most dismissed employees in Canada, a wrongful dismissal lawsuit is the best way to get a proper severance package if negotiations fail. Fortunately, most employers […]
July 3, 2018
The accommodation of religious freedom is extremely important in a free and democratic society. Accommodating and supporting religious beliefs, practices and aspirations enables individuals of diverse […]
July 24, 2017
Is a probationary employee entitled to wrongful dismissal damages? Can an employer contract out of these damages? Until now, most Canadian court decisions have held that […]
July 19, 2017
The Ontario Court of Appeal has released several wrongful dismissal decisions over the past few months. It has also released some employment law cases that are […]
July 15, 2016
The Supreme Court of Canada has issued a landmark employment law decision. The case of Wilson v. Atomic Energy of Canada focused on the definition of […]
June 10, 2015
The CBC continues to provide wonderful material for Canadian employment lawyers. Its very public employment disputes are fascinating case studies. The most recent case involves allegations […]
May 13, 2015
Can inappropriate off-duty conduct be used by an employer to dismiss an employee for just cause? The answer is far from clear. By now, you have […]
April 23, 2015
The use of the summary judgment process is becoming more and more widespread in wrongful dismissal cases. In this post, I look at three recent decisions […]
March 24, 2015
Is one incident of dishonesty just cause for dismissal? What if it involves a long-serving employee? This was the issue that was decided recently by the […]
February 18, 2015
What are summary judgment motions? Are they effective in wrongful dismissal cases? A recent decision of the Ontario Court of Appeal in Arnone v. Best Theratronics […]
February 3, 2015
On a recent plane trip, I was fortunate to find that Air Canada had enhanced its collection of films and added several new releases. Since this […]
January 12, 2015
When is a fixed term employment contract not enforceable? A recent decision of the Ontario Superior Court in Tossonian v. Cynphany Diamonds Inc. addressed this issue. […]
January 6, 2015
Another year has passed and that means it is time to reflect back and consider some developments in employment law that we witnessed in 2014. It […]
November 27, 2014
The dismissal of Jian Ghomeshi from the CBC continues to dominate headlines. At this point, however, it has really become much more of a case about […]
November 17, 2014
What kind of conduct is just cause for the dismissal of a teacher? If the teacher has been a long serving employee, the threshold will be […]
October 29, 2014
Everyone is talking about the CBC decision to fire Jian Ghomeshi. Certainly, Canadians love a good sex scandal story as do readers across the world. In […]
July 28, 2014
Is theft just cause for termination of employment in Canada? It might be. But employers looking to support a just cause case with allegations of theft […]
June 23, 2014
It is Worldpride Week in Toronto, the first Worldpride celebration held in North America and one of the largest in the world of its kind. The […]
June 5, 2014
Punitive and aggravated damages in employment cases are alive and well in Canada, thanks to a recent decision of the Ontario Court of Appeal. The ground-breaking […]
May 13, 2014
Human Rights legislation across Canada prohibits discrimination on the basis of family status. But what does that mean? What does “family status” actually include? Two recent […]
May 6, 2014
What is “after-acquired cause?” It is a legal doctrine that allows employers to prove just cause – even after they have fired employees on a “without […]
May 2, 2014
Can professionals use non-competition agreements to protect their practices when hiring and training a junior? This issue has been the subject of a great deal of […]
April 28, 2014
Are the terms of employment contracts negotiable? More often than not, the answer is yes. But it amazes me how many people tell me that they […]
April 3, 2014
Should a dismissed employee be entitled to less severance when the employer is facing tough economic times? This was the question facing an Ontario Superior Court […]
March 18, 2014
Is a constructively dismissed employee required to return to work to “mitigate damages?” This issue has attracted a great deal of judicial attention across Canada. Since […]
March 6, 2014
In yet another reported wrongful dismissal case, a B.C. Court has minimized the damages of a dismissed employee because of a failure to mitigate. She refused […]
February 11, 2014
A wrongfully dismissed courier has won a lawsuit at the Saskatchewan Court of Appeal. In Hollander v. Tiger Courier Inc. (2014) SKCA 7, the courier was […]
January 31, 2014
No one likes the word “fired.” It seems to somehow connote an “at fault” dismissal. But realistically, under Canadian law, whether you have been downsized, restructured, […]
January 24, 2014
Wrongful Dismissal and Associations Can members of staff associations sue their empl0yers for wrongful dismissal? According to the B.C. Court of Appeal, the answer is no […]
January 23, 2014
A sneak preview link to my upcoming article in the Canadian HR Reporter. The article is a discussion of the issue of religious practices in Canada […]
January 16, 2014
In another blow to dismissed employees. a B.C. court has reduced the wrongful dismissal damages that would have been owing to an employee after the employee […]
January 10, 2014
What are the limits of religious accommodation in Canada? Is an employer required to accommodate a request by an employee not to work with an employee […]
January 5, 2014
I have put together a collection of some key employment law cases for 2013. 2013 was an interesting year for employment law, though I would be […]
December 30, 2013
What employment law issues might be involved in running a bawdy house? Given the Supreme Court of Canada’s recent decision in Canada (Attorney General) v. Bedford, […]
December 16, 2013
The Ontario Divisional Court has overturned a controversial arbitration decision. In January 2013, an arbitrator ordered an exhibitionist Transportation Enforcement Officer back to work after he […]
December 12, 2013
How difficult is it for employers to prove just cause for dismissal in Ontario? The recent decision of the Ontario Superior Court in Ludchen v. Stelcrete […]
November 27, 2013
Can an employer insist that an employee take sick leave? Or is this a constructive dismissal? A recent decision of the Manitoba Court of Appeal sided […]
November 7, 2013
The Ontario Court of Appeal has reduced a trial court award from $550,000 to $450,000 for malicious prosecution in a wrongful dismissal suit. Unfortunately for the […]
October 21, 2013
HRPA Law Conference – October 24, 2013 Ken Krupat will be speaking at the annual Human Resources Professionals Association (HRPA) Law Conference on Thursday October 24, […]
October 20, 2013
Most settlement agreements in wrongful dismissal cases contain confidentiality provisions. Employers do not want their former employees revealing the terms of the settlement. The dismissed employee […]
October 17, 2013
A recent decision of the Ontario Court of Appeal, involving a deficient notice clause, illustrates the perils of attempting self-representation in a wrongful dismissal case. In […]
October 11, 2013
Congratulations! You have made it through the interview process and have now been given an employment contract. The contract may contain terms that significantly alter your […]
October 7, 2013
Constructive dismissal lawsuits can be very challenging. Many judges seem to feel that employees should continue to work for their empl0yers even if significant employment terms […]
October 2, 2013
Thinking of quitting your job in dramatic fashion? Make sure to think things through carefully before making any rash decisions. Many employees find themselves in very […]
October 1, 2013
When does state immunity apply in an employment law context? Can a Canadian worker at a foreign embassy or consulate, located in Canada, bring a claim […]
September 20, 2013
Can an employer discriminate against Sabbath observers in the course of interviews for employment in Ontario? If not, what kinds of penalties can employers face when […]
September 17, 2013
When will Canadian courts enforce non-competition agreements? The latest Supreme Court of Canada decision in Payette v. Guay Inc. confirms that, in a commercial context, even […]
September 16, 2013
Last year, the Ontario Superior Court held that a wrongfully dismissed employee may be required to go back to work if recalled by his or her […]
September 1, 2013
If you have been wrongfully dismissed, given a severance package or handed a new employment contract, you will probably want to consult with an employment lawyer. […]
August 30, 2013
If an employee becomes totally disabled and cannot return to work, the employer may be able to end the employment relationship without any further obligations. This […]
August 14, 2013
How hard is it in Ontario to sue for constructive dismissal because of a racially poisoned work atmosphere? According to a recent Ontario Court of Appeal […]
July 31, 2013
In wrongful dismissal situations, many employers provide dismissed employees with severance packages that consist of a salary continuation. Of course employees would usually prefer to be […]
June 24, 2013
Is random drug and alcohol testing legal in Canadian workplaces? There still may not be an absolutely clear answer to that question but the Supreme Court […]
June 20, 2013
Some employment lawyers and HR professionals have been buzzing about a recent decision of the Ontario Superior Court which looked at the issue of whether a […]
June 3, 2013
Canadian employers are required to accommodate the needs of religious employees in the workplace. This requirement can extend to a number of different issues including weekly […]
May 6, 2013
In a recent B.C. case, http://casealert.canadalawbook.ca/summaries/acws/acws-13029018.html, a court had to decide whether a non-compete agreement between two veterinary practices was enforceable. The court concluded that the non-competition […]
April 18, 2013
Will a court award extra damages in a wrongful case where the employee is subject to a non-competition clause? A recent Ontario case held that this […]
March 8, 2013
A British Columbia Supreme Court judge has awarded punitive damages of $100,000 in a wrongful dismissal case. In the case of Kelly v. Norsemont Mining Inc., […]
February 27, 2013
The Supreme Court of Canada handed down a lengthy but fascinating decision today in the case of Saskatchewan (Human Rights commission) v. William Whatcott. The case […]
February 15, 2013
When dismissing large numbers of employees, employers use widely different strategies. Some employers choose to provide relatively fair severance proposals, negotiate if necessary, and minimize their […]
February 12, 2013
Are Canadian employers required to accommodate child care challenges of their employees? Is this covered by “family status?” A recent decision of the Canadian Federal Court […]
February 6, 2013
The Ontario Court of Appeal has confirmed once again that restrictive covenants are subject to careful judicial scrutiny, and will often be struck out. According to […]
February 6, 2013
When is off-duty conduct considered “just cause” for termination of employment? This was the question that an arbitrator of the Ontario Grievance Settlement Board recently answered. […]
January 9, 2013
In wrongful dismissal cases, dismissed employees are often interested in suing personal defendants in their lawsuits (as well as the company) in an effort to pressure […]
January 4, 2013
The Ontario Government passed Bill 115, entitled the “Putting Students First Act” in September 2012. The legislation allowed the Provincial government to set rules that local […]
October 26, 2012
Should freedom of expression always trump racial equality in broadcasting? In a nutshell, that was the issue to be decided by a Tennessee district court earlier […]
October 25, 2012
Can an employer “recall” an employee back to work as a way of avoiding a wrongful dismissal lawsuit? Even if the employee was wrongfully dismissed? Since […]
October 23, 2012
Workplace privacy is a rapidly changing area of law. Two recent Canadian court decisions have provided mixed messages for employees in the area of privacy protection. […]
October 12, 2012
Dismissed employees and their legal counsel continue to push the envelope in Ontario by using jury trials to obtain large damages awards. Even though these awards […]
August 28, 2012
Ontario Court of Appeal ruling in wrongful dismissal Case: Nasty letter to employer can be just cause.
July 11, 2012
If an employee has a valid, enforceable employment agreement, with a specific severance term – does the employer still have to pay the whole amount even […]
June 4, 2012
I picked up Jan Wong’s latest book Out of the Blue out of professional interest. As an employment lawyer, I had heard that the book was […]
May 7, 2012
Long Service Employee Wrongfully Dismissed: Awarded 26 Months' Compensation. Hussain v. Suzuki Canada Ltd.
April 18, 2012
Frustration of Contract: Disabled Employees May Not Be Entitled to Dismissal Damages.
April 9, 2012
Constructively dismissed employees are not required to accept a demotion to mitigate their damages in a wrongful dismissal case.
April 2, 2012
Severance Packages in Canada: A list of key items to look for when wrongfully dismissed. How to ensure that your severance package is reasonable and appropriate.
March 21, 2012
The Ontario Court of Appeal has issued two recent decisions dealing with breach of fiduciary duty in an employment context. In one case, GasTOPS Ltd. v. […]
March 19, 2012
This article examines whether it is a good idea for Canadian employees to send a scathing missive on their way out the door - and how it might affect severance entitlements.
March 15, 2012
Should non-managerial employees get lower notice periods under Ontario law when they are wrongfully dismissed? In other words, should the type of employment matter in a […]
March 14, 2012
Transferring an employee to a new geographic location may not always be a constructive dismissal. Employees must be cautious in pursuing constructive dismissal claims.
February 29, 2012
Ontario employees can sue their former employers for disability benefits if they become disabled during the reasonable notice period.
February 13, 2012
Thousands of employees are restructured, dismissed or downsized across Canada each week. In some cases, these dismissals are related to the company’s economic performance or to some […]
February 6, 2012
Can employees be sued successfully when they go to work for the competition? In some cases, the answer is yes, even the employees do not have […]
June 22, 2011
Can a large group of employees use the Class Action process to sue for discrimination in the U.S.? Yes, they still can, though they face significant […]
June 16, 2011
To avoid being sexually assaulted, “don’t dress like sluts.” This is one of the pieces of offensive and ill conceived advice provided by a Toronto Police […]
March 8, 2009
In 2008, the fourth decision of the Supreme Court of Canada (as reviewed in this series of articles) was the most widely anticipated decision. Many employment […]
February 20, 2009
2008 was not a banner year for employee rights in Canada. The Supreme Court of Canada issued four employment law decisions all of which sided in […]
February 8, 2009
In August 2008, the Supreme Court of Canada issued a relatively short and unanimous decision addressing the issue of frequent absences and discussing the obligations of […]
December 24, 2004
This Article appeared in The Lawyers Weekly on December 24, 2004 The Ontario Court of Appeal has emphatically confirmed that an employment contract signed without new […]
October 14, 2004
KEN KRUPAT AND RETIRED SUPREME COURT OF CANADA JUSTICE FRANK IACOBUCCI Ken Krupat with retired Supreme Court of Canada Justice Frank Iacobucci at dinner honouring […]
July 21, 2004
To sign or not to sign? Many employers require employees to sign restrictive agreements. But both often ignore the legal ramifications — and that’s a big […]
May 17, 2003
Domonic Gismondi worked for the City of Toronto for 20 years. Then came amalgamation. The City would be cutting back on the number of managers. Under […]
February 17, 2003
Working for an abusive boss has been compared to being an abused spouse. Although workplace abuse is less likely to involve physical harm and is usually […]
December 19, 2002
Published in the National Post – December 19, 2002 Downsized. Right-sized. Laid-off. Let-go. Whichever words are used, there is never really a good time to lose […]
December 18, 1999
Published in The Toronto Star – December 18, 1999 Just in time for the new millennium, Canadians have received some encouraging economic news that will undoubtedly […]
Poisoned Work Environment? Not In This Restaurant…